Common use of Conversion of a Patent Application into an Application for Registration of a Utility Model and Vice Versa Clause in Contracts

Conversion of a Patent Application into an Application for Registration of a Utility Model and Vice Versa. (a) At any time prior to the grant of a patent or the rejection of his patent application, a patent applicant may, after payment of the prescribed fee, convert his application into an application for registration of a utility model, which shall be accorded the filing date of the original application. (b) At any time prior to the grant of a certificate of registration of a utility model or the rejection of his application, the applicant for registration of a utility model may, after payment of the prescribed fee, convert his application into a patent application, which shall be accorded the filing date of the original application. (a) Where a patent application has been converted under paragraph (1)(a) above into an application for registration of a utility model, it shall be deemed to have been withdrawn and the Organization shall enter a “withdrawn” notice in the Register of Patents.